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UK: Mr. Modchips Gets ConvictedPosted by XanTium | October 25 12:29 EST | News Category: Xbox360 |
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From next-gen.biz:
A 'businessman' who traded under the name Mr Modchips has become only the second person in the UK to be convicted for distributing and selling chipped consoles.
39 year-old Higgs was found guilty of 26 offences: three counts of advertising, supplying and selling modification chips designed to enable people to play illegally copied games on their consoles, 12 counts of possessing 19 chipped games consoles and another 11 counts of possessing Executor modchips for Microsoft consoles, as well as Viper GC chips for Nintendo systems. He was cleared of a further four counts of possessing chipped consoles.
The jury at his trial voted unanimously against Higgs, whose lawyers requested leave to appeal which was granted by the Judge. A date for the appeal hearing has yet to be set.
Full Story: next-gen.biz
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Jesus christ....... does it ever stop? To me there isn't anything wrong what so ever with selling a "microchip". The people they should direct their attention to are those that abuse certain products that were meant for other uses. I mean what's next, owing a soldering iron and getting arrested for conspiracy to mod??
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This sucks..whats in it for homebrew
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come on.. we all know this is the biggest problem our world faces.
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Don't worry kids! While a nasty mod chip sales man has been imprisoned and fined for giving people the tools to play illegal copies, but not endorsing it, your local twat down the market will be shipping out pirate DVDs by the ton!....
Saaaaaaaaaaaaad world
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Wasn't Divineo also recently raided? I think the owner is a wanted criminal in the United States.
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QUOTE(DeMoN_DARREN @ Oct 25 2007, 05:56 PM)

Don't worry kids! While a nasty mod chip sales man has been imprisoned and fined for giving people the tools to play illegal copies, but not endorsing it, your local twat down the market will be shipping out pirate DVDs by the ton!....
Saaaaaaaaaaaaad world
I agree absolutely
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you could always leave your comments with the sun newspaper too (IMG:style_emoticons/default/biggrin.gif)
TO LEAVE COMMENTS ETC FOR THE SUN NEWSPAPER GO HERE http://www.thesun.co.uk/sol/homepage/news/article385761.ece
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I'm glad he got done, he was a complete arse hole.
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QUOTE(DynaMight @ Oct 25 2007, 06:15 PM)

I'm glad he got done, he was a complete arse hole.
I second that, this guy gave truly awful service, just checkout the complaint thread in the bst section of xs forums to see quite how many people have been treated badly by him. There were so many reasons why this guy should have gone down, just a shame they didn't get him on a real crime.
Good Riddance.
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Yep, what a scumbag. In with the murderers and rapists where he belongs, eh? (IMG:style_emoticons/default/blink.gif)
This post has been edited by Exobex: Oct 25 2007, 06:33 PM
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QUOTE(DynaMight @ Oct 25 2007, 06:15 PM)

I'm glad he got done, he was a complete arse hole.
Totally Agree
normally i would agree with what the other guys and girls are saying, but unfortunatly i purchased a chip from this guy it took 2 1/2 months to arrive. it isn't that it took 2 1/2 months to arrive but the level of support from this guy when i asked what was happening, i got told to tuff luck write me a letter because i aint going to respond to your emails anymore.
i hope he gets the book thrown at him plus a lengthy jail term and butt fucked till his brown eye turns blue.
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i used him, always got good service from him. modded ps2 came back not working and he replaced it within 4 days.
when chips and things were outta stock hed reply thru his tickiting system that he is expecting em in a few weeks, sometimes this got delayed abit more but in the end it turned up
having said that the list of complaints is preety big on XS
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It's a shame that this kind of activity shines a light on modding that may make the public think poorly of the practice. Countless people will read about this incident and say, "Wow... good for him. He was helping people pirate games and steal from legitimate game developers." No one will stop to think about the positive aspect of modding.... homebrew, new product development, etc.
It's just unfortunate that so many people use the methods simply as a way of pirating games.
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QUOTE(wadsy @ Oct 25 2007, 10:33 AM)

Totally Agree
normally i would agree with what the other guys and girls are saying, but unfortunatly i purchased a chip from this guy it took 2 1/2 months to arrive. it isn't that it took 2 1/2 months to arrive but the level of support from this guy when i asked what was happening, i got told to tuff luck write me a letter because i aint going to respond to your emails anymore.
i hope he gets the book thrown at him plus a lengthy jail term and butt fucked till his brown eye turns blue.
regardless of your personal feelings about him, no one deserves this. he wasn't selling pirated software, just chips. even if he did have horrible service, he still doesn't deserve jail, maybe just a letter from the Better Business Bureau.
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I've never even been to this guy's website so I have no biases towards or against him. I just can't believe how ridiculous the accusations are. "3,700 illegal chips?" Yeah I know you can potentially play illegally downloaded games but I'm under the impression that the mod chips are sold with the intention of playing legal backups of games that you own. How is this dude breaking any laws if that is true? It seems like they're completely overlooking that you can make a backup of a game and play it, just like you can rip CD's to your computer or even put them on an MP3 player. So why isn't the UK going after Winamp or other programs that you can pay for that allow you to steal music from the industry by ripping a CD that you already fucking paid for? I thought the DMCA in America was as bad as it gets but I guess the ELSPA in the UK is even worse.
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This scum bag did me out of £70. I'm glad he's been convicted. Yeah, I agree that selling modchips shouldn't be illegal but taking money for them and never sending them out sure is. Prick.
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Never had an issue with him tbh, always good service, fast delivery.
Shame really. Once again, the police have nothing better to do now that there are no murders, rape's kidnapping and motorists left in the world. Oh wait...
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QUOTE(Home Less @ Oct 25 2007, 07:20 PM)

(IMG:
style_emoticons/default/sleep.gif) regardless of your personal feelings about him, no one deserves this. he wasn't selling pirated software, just chips. even if he did have horrible service, he still doesn't deserve jail, maybe just a letter from the Better Business Bureau.
Yeah that's all true and I agree with it, but I don't know if the UK has the Better Business Bureau like we do. And over there, you're guilty until proven innocent, and his defense was horrible. The article said he claimed all of the "contraband" belonged to family and friends. It's going to get to the point where mod chip developers are going to have to put out "kits" or whatever for customers to MAKE the chips instead of selling them outright since just possessing an assembled mod chip by itself is a serious felony over in the UK.
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This isn't a suprise in the slightist.
The holiday season prolly has something to do with the increase of raids. Bottom line, money is envolved, and money is being lost. Don't expect it to get any easier, might as well face it.
Im very suprised the whole "Ban of modchip devices" hasn't been pursued more aggressively in recent years. I refuse to use chips for modification purposes anyways so it really doesn't affect me as I prefer software mods.
The closest thing I've used to a "chip" is buying my VIA card, but that isnt a modchip and I'm not soldering it to my console.
Sucks for the dude, tho. Goodluck to him.
This post has been edited by Bubbalynch: Oct 25 2007, 07:51 PM
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QUOTE(Home Less @ Oct 25 2007, 07:20 PM)


regardless of your personal feelings about him, no one deserves this. he wasn't selling pirated software, just chips. even if he did have horrible service, he still doesn't deserve jail, maybe just a letter from the Better Business Bureau.
I have to respectfully disagree - the guy was a total tit. You really think a letter from the Better Business Bereau (or the UK equivalent), sent to his 'registered address' in Thailand (!), would be treated any different from the 00's of other complaints he's had?
Whereas he shouldn't have been 'done' for selling modchips, this makes me have faith in karma. I sincerely hope he's stripped of all assets, banned from trading and sent down for a couple of years.
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QUOTE
Found guilty of 26 offences [snip] 12 counts of possessing chipped games consoles [snip] 11 counts of possessing modchips
By my maths, 12+11 = 23, what you want to bet the other 3 offenses he was convicted on were being in the posession of pirate video games?
If not the UK got a whole lot more unfriendly.
This post has been edited by alexh: Oct 25 2007, 07:59 PM
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the jury consists of a bunch of pricks. who would vote against this?
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sad to hear someone going down for chippin. was m modchips aka baldbouncer from back in the ps2 neo 2 days? or have I got my wires crossed?
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Special interest groups representing the copyright holders are out to save their clients money. Why catch a violent thug when busting this guy can save millions/billions for a company?
That being said, it IS illegal, and if you play with fire...
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QUOTE(ILLusions0fGrander @ Oct 25 2007, 12:49 PM)

come on.. we all know this is the biggest problem our world faces.
George Bush?
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I just dont understand, Why not go after the chip manufacturers?
and or the main distributers?
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QUOTE(BoNg420 @ Oct 25 2007, 01:03 PM)

I agree with this guy...
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Hate to see any modders go down, but if one had to I'm glad it was him. I never personally dealt with him, but he was an asshole. For the most part as long as the item was in stock and you got it, you were good, but if the item was not in stock and you sent an email to inquire about it he would close your account and ban you from his site so you couldn't even contact him or anything. He did that to several of his customers. If someone got a chip and installed it and it didn't work and asked him, same thing, he would close your account and ban you from his site. And as a few posts up stated, his mailing address he used was from Thailand, so you couldn't even find him. I hope he gets screwed just as bad as all his customers he duped over, just because he deserves it. If you read his review thread you'll find plenty of posts from the customers he screwed over.
It is sad though to see us modders being treated like criminals now. TS said it best that "our rights are being taken out back an executed one by one" (not his exact words, but close). Sad how our government has become so ignorant to what they are doing.
I actually quit modding for hire after seeing him and the other guy from Europe getting knocked in the same week. Then 2 weeks later or less the huge US raids happened. I miss modding for people and getting to learn more by doing more mods, but it's just not worth it anymore.
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Walmart sold me my modchip, and it was manufactured by ST in Singapore.
It did not come with any illegal code on it, but then I flashed it with an x2 bios.
Should we hold Walmart responsible for selling a device with a chip that can be flashed to allow a game system to play pirated games?
What about all of the other retailers selling these products? Gamestop, Target, Best Buy, etc. have all sold these devices for the better part of the last decade.
This post has been edited by Zanzang: Oct 25 2007, 08:40 PM
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QUOTE(Zanzang @ Oct 25 2007, 02:35 PM)

Walmart sold me my modchip, and it was manufactured by ST in Singapore.
It did not come with any illegal code on it, but then I flashed it with an x2 bios.
Should we hold Walmart responsible for selling a device with a chip that can be flashed to allow a game system to play pirated games?
What about all of the other retailers selling these products? Gamestop, Target, Best Buy, etc. have all sold these devices for the better part of the last decade.
Strange I've never seen modchips at walmart, gamestop target,
(IMG:style_emoticons/default/rolleyes.gif)
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QUOTE(Zanzang @ Oct 25 2007, 08:35 PM)

Walmart sold me my modchip, and it was manufactured by ST in Singapore.
It did not come with any illegal code on it, but then I flashed it with an x2 bios.
Should we hold Walmart responsible for selling a device with a chip that can be flashed to allow a game system to play pirated games?
What about all of the other retailers selling these products? Gamestop, Target, Best Buy, etc. have all sold these devices for the better part of the last decade.
Exactly when did Walmart, GameStop, Target and BestBuy start selling modchips?
I call BS on that comment. (IMG:style_emoticons/default/dry.gif)
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QUOTE(Zanzang @ Oct 25 2007, 08:35 PM)

Walmart sold me my modchip, and it was manufactured by ST in Singapore.
It did not come with any illegal code on it, but then I flashed it with an x2 bios.
Should we hold Walmart responsible for selling a device with a chip that can be flashed to allow a game system to play pirated games?
What about all of the other retailers selling these products? Gamestop, Target, Best Buy, etc. have all sold these devices for the better part of the last decade.
What are you talking about? What Walmart sold you a modchip???? What mod devices do those other companies sell other than action replay crap??
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QUOTE
the jury consists of a bunch of pricks. who would vote against this?
Maybe the jury was full of people who tried to buy parts or services from him? I am in full agreement with others, that if anyone deserved to go down, it was this guy. His attitude was incredibly bad, and if you check resellerratings, he even tried to threaten them! He would take people's money, and if the item bought was bad, and need to be warranted from him, I believe 9 times out of 10, he would just send some arrogant comment to the buyer, and ban them from placing any further trouble tickets, or even accessing his website. Just the sheer number of complaints here, in such a short time HAS to tell you something about this person. I don't think any thread similar to this has started out with so many people commenting on how they were treated by the "company", opposed to why the person/company went down.
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Don't know what the rules are over in the UK. It must suck to not even be able to possess a chip that could be flashed with code that would enable piracy. Where do they draw the line? Any computer can be used for piracy with no difficult firmware flashing. What about blank DVDs that the games could be burnt onto? I think the UK needs to put some serious thought into this before they start making all technology illegal.
QUOTE(Bubbalynch @ Oct 25 2007, 09:04 PM)

Exactly when did Walmart, GameStop, Target and BestBuy start selling modchips?
I call BS on that comment. (IMG:
style_emoticons/default/dry.gif)
Walmart sold Xboxs. Turns out, the TSOP chip in there can be used to pirate games. Realy no different than an modchip with cromwell.
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Guys, I gotta say that I completely agree with this decision. I think that the next step is to ban the internet. Do any of you know how many games have been pirated over the internet? Too many, so down with the internet. And while we're at it, we should ban CD/DVD burner drives too, because those have a lot of potential for piracy. But we can't just stop there (with being so close to victory against piracy), we need to also ban HDD drives because even if CD/DVD burners are banned and the readers exist, people can rip the images to their HDDs. And then the ultimate hit against piracy would be to outlaw executable files... because everyone knows that a no-cd fixed exe is an executable file, so ban that and you have 100% victory against piracy
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Better Business Bureau, are you fucking kidding. The Better Business Bureau isn't a goverment org. Members pay to display that they are part of the BBB. Only members of the BBB can really be effectected by a complaint to the BBB. It's effectively a union of business, most of the members are no better than a non-BBB member. Have you ever looked at a complaint filed with the BBB, pretty useless. Most BBB compaines are contractors anyway, not retailers. The BBB has almost 0 clout with non-BBB businesses.
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I just hope this leads to more software mods. FTW!
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QUOTE(Bubbalynch @ Oct 25 2007, 04:04 PM)

Exactly when did Walmart, GameStop, Target and BestBuy start selling modchips?
I call BS on that comment. (IMG:
style_emoticons/default/dry.gif)
http://www.walmart.com/catalog/product.do?product_id=5716126
Here is a modchip, right here. I am pretty sure you can buy it at every store you named. It is compatible with homebrew that emulates NES, SNES, etc,. As well as allows you to play illegally obtained movies and music.
Is that a concrete enough example for you?
Read Walmart's review of this one:
http://www.walmart.com/catalog/product.do?product_id=5775067
QUOTE
You can use it to launch home brew games written for the DS and readily available on the internet, listen to your happening sounds with the device's integrated MP3 player or even watch videos.
This post has been edited by throwingks: Oct 25 2007, 10:24 PM
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I think that the owner of a machine should be allowed to "modify" it in any way he or she sees fit. I believe that this thinking should then extend itself to the potential industry around supplying people with modchips. Similar to car mods. Except when you put a modchip in an XBOX you can't outrun the police. Although you can have a whole lot of fun with homebrew applications: XMugen, CPX3, XBOX Media Center etc. Homebrew that I love and has provided much happiness to I and my friends. Of course you can also help to destroy great video game studios (Psychonauts anyone?) by downloading ugh cough "backups". But I don't think in either case anyone is put at risk. It is ultimately the end user or owner's decision what to do with these abilities.
The copyright laws are well known but modchip does not equal copyright infringement. Just ability to. It's like arresting people with drug paraphernalia. They have the needed tools. But not the deadly substance. I think this is an important legal distinction. Yes people do get arrested for drug paraphernalia but I don't think the jail/fines should be anywhere near as bad if one is caught with volumes of pirated games.
I feel bad for this fellow overall. Doesn't the prosecutor have anyone better to go after?
Bottom line I think we all need to stick together. We must not allow modchips to be lopped in with pirated games just defacto. We need to educate the people who are going after modchipp orgs that for example a modified xbox can be used for many legal and practical purposes. I have seen some used as cluster servers at universities. I have seen it professionals use them as a cheap alternative to an external hardrive.
I read on another thread somewhere that we live in the last days of the Golden Age of the internet. The more people get attacked for such enterprises I have to agree. It's really a shame. With all the drugs, killings, and war that run rampant in the world. I guess get your war on all you want. Just don't you dare mod your wii...
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QUOTE(throwingks @ Oct 25 2007, 10:17 PM)

http://www.walmart.com/catalog/product.do?product_id=5716126Here is a modchip, right here. I am pretty sure you can buy it at every store you named. It is compatible with homebrew that emulates NES, SNES, etc,. As well as allows you to play illegally obtained movies and music.
Is that a concrete enough example for you?
Read Walmart's review of this one:
http://www.walmart.com/catalog/product.do?product_id=5775067
Interesting, I had no clue that these were sold. Mind if i take my shoe off first before I insert my foot in my mouth? (IMG:style_emoticons/default/tongue.gif)
Even the review for that device sounds like it came straight from a modchip service, lol.
Piracy at Walmart, what a funny thought.
This post has been edited by Bubbalynch: Oct 25 2007, 10:36 PM
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QUOTE(Andronicus @ Oct 25 2007, 03:19 PM)

Walmart sold Xboxs. Turns out, the TSOP chip in there can be used to pirate games. Realy no different than an modchip with cromwell.
Exactly. (IMG:style_emoticons/default/wink.gif)
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"...possessing Executor modchips for Microsoft consoles"
Jebus.. bad enough that things are getting tighter in the UK.. but now they misspell the name/brand of the leading chip maker? 
Looks like the site is still up and running and still listing modchips.
Count me as one who had been burned buying from him. Once upon a time in a scene far far away a certain blue bastard was looking for some chips and the only guy to have any on that particular eve was.. Mr Modchips. Long story short I got the runaround. I eventually did get the product, but only after weeks of threatening him.
People should not have to deal with shops with such shotty service. He won't be missed.
Hopefully.. this will do one of two things.. open a hole in the UK for a more honest seller to rise up and service the UK community.. or at least on less bad egg will be around forcing UK buyers to look elsewhere, and likely outside the country for the services they need.
He's not cooked yet though folks. If he's well armed legal wise.. they can play out the appeals process for a long time.
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i couldn't really give a shit about this guy. he's a scumbag to say that the items he had in his possession were
his friends and family's but there you go
QUOTE(Gash @ Oct 25 2007, 07:33 PM)

And over there, you're guilty until proven innocent, and his defense was horrible.
but i just had to reply to this comment. English law forms at least the basis of legal system of every country in the commonwealth including america, so i have no idea on what you base this belief on. In every country in the EU you are innocent till proven guilty only a handful of backwards countries have a vice versa
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QUOTE(throwingks @ Oct 25 2007, 02:17 PM)

http://www.walmart.com/catalog/product.do?product_id=5716126Here is a modchip, right here. I am pretty sure you can buy it at every store you named. It is compatible with homebrew that emulates NES, SNES, etc,. As well as allows you to play illegally obtained movies and music.
Is that a concrete enough example for you?
Read Walmart's review of this one:
http://www.walmart.com/catalog/product.do?product_id=5775067
That's not a modchip, it's a DS flashcart. They were selling that in a Walmart in southern Cali. I bought one and it's total CRAP. It doesn't play DS games at ALL. Wasted $30 on it. It comes with some cheapo disc with shitty homebrew games and a media converter.
In regards to Mr. Modchips, I never ordered from the guy but from the sounds of it, he had it coming. You can't piss off your customers. All it takes is one really pissed off guy to report you to ELSPA (lie if he feels like it) and bam your done for. Also, it sounds like he sold pre-mods which I feel is a huge no-no. These days the only thing you can do is lay solder. No stocking chips, no pre-mods, no 'backup' services, no 'backup' devices. Majority of ownership and action from start to finish has to be solely on the customer. Unfortunately, this window is getting smaller and smaller and hopefully we never see the day that a modder gets busted for owning 1 iron. Homebrew and repair alone are legitimate reasons to continue to mod and the moment these are outlawed too, it will be a dark day and the end of the scene as we know it.
This post has been edited by RoboChicken: Oct 26 2007, 12:07 AM
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The guy knew what he was getting into, so I have no sympathy for him. But it does piss me off no end that the health service is struggling, troops are dieing nearly daily in Iraq, murders are running free, gangs ruling our streets and this is what our government and authorities are busy doing, persuing a single induvidual that hasn't actually effected a single human life wrongly. Oh noes, Nintendo have a few less million in their billion dollar bank accounts, lets sue someone!
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QUOTE(RoboChicken @ Oct 25 2007, 06:57 PM)

That's not a modchip, it's a DS flashcart. They were selling that in a Walmart in southern Cali. I bought one and it's total CRAP. It doesn't play DS games at ALL. Wasted $30 on it. It comes with some cheapo disc with shitty homebrew games and a media converter.
It is a device the circumvents copy protection. As I mentioned, it can run homebrew which emulates NES, SNES, GB, etc.
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thought it was somewhat "legal" in the UK and canada ?
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QUOTE(Bubbalynch @ Oct 25 2007, 10:38 AM)

The closest thing I've used to a "chip" is buying my VIA card, but that isnt a modchip and I'm not soldering it to my console.
Hmm well if you live in the US, then you ARE a crimminal under the DMCA. Having that card CAN be used to reflash an xbox 360 firmware to be able to bypass copyright protection, look at the DMCA
QUOTE
No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that . . . is primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof.
The DMCA is so vague, anything can be challenged against it.
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QUOTE(throwingks @ Oct 25 2007, 04:29 PM)

It is a device the circumvents copy protection. As I mentioned, it can run homebrew which emulates NES, SNES, GB, etc.
That's true, It actually even says it on the package from what I can remember. With most of the old school stuff being re-released on Wii, I'm sure Nintendo is taking notice. I recall "ROMS" and "Emulators" being on a search warrant in a recent raid. I can't believe they're looking for that stuff too - that puts CPX3, and the other ton of Emus out there in a bad light.
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this is ridiculous, sums the uk legal system up...
i got stabbed 2 years ago + police didnt even respond, then they bust a guy for modding consoles, is a complete joke, can't wait til i make my million + sod off to live in brasil or something lol
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QUOTE(buttface96 @ Oct 25 2007, 04:58 PM)

Hmm well if you live in the US, then you ARE a crimminal under the DMCA. Having that card CAN be used to reflash an xbox 360 firmware to be able to bypass copyright protection, look at the DMCA
The DMCA is so vague, anything can be challenged against it.
"primarily designed or produced for the purpose of circumventing protection"
A VIA SATA PCI card is not designed [primarily] for circumventing protection. It's primarily designed to connect SATA devices to your PC. A modchip, they can argue. Plus if you've got your VIA card to do repairs and key swap/reflashes for the purposes of repair, you are in the clear.
The word "Service" is where I think everyone can get tripped up on. I think the argument here is that the service you provide is enabling homebrew and the intention is not to circumvent the copy protection. Even though it is a side effect, its not your primary purpose. Such as if someone purchased a gun, the sellers purpose is not murder. Shooting ranges - their primary purpose is not murder. That places the responsibility with the consumer of the product or service as it should be.
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QUOTE(RoboChicken @ Oct 26 2007, 01:15 AM)

"primarily designed or produced for the purpose of circumventing protection"
A VIA SATA PCI card is not designed [primarily] for circumventing protection. It's primarily designed to connect SATA devices to your PC. A modchip, they can argue. Plus if you've got your VIA card to do repairs and key swap/reflashes for the purposes of repair, you are in the clear.
The word "Service" is where I think everyone can get tripped up on. I think the argument here is that the service you provide is enabling homebrew and the intention is not to circumvent the copy protection. Even though it is a side effect, its not your primary purpose. Such as if someone purchased a gun, the sellers purpose is not murder. Shooting ranges - their primary purpose is not murder. That places the responsibility with the consumer of the product or service as it should be.
I agree with what you're saying. So how would we determine the primarily designed purpose? Would the creators of the chip have to say "designed to allow customers to play legal backed up copies of games?" And if so, would that hold up in court? Even if it doesn't, I still believe the consumer has to be the one to point the finger at, not the developer/distributor. Hell, even if you install the mod chip in the Xbox and then sell it (like you could easily do on eBay or Craigslist) you're not telling your customers to use it to play illegally obtained games on it, you're just giving them a gaming console with a device that has a predetermined purpose, to play backed up games. It's up to the consumer to go out and search for games to download, just like it's up to them to stay legal and only play backed up games that they own.
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QUOTE(buttface96 @ Oct 26 2007, 12:58 AM)

Hmm well if you live in the US, then you ARE a crimminal under the DMCA. Having that card CAN be used to reflash an xbox 360 firmware to be able to bypass copyright protection, look at the DMCA
The DMCA is so vague, anything can be challenged against it.
The VIA card was not created for the soul purpose of Flashing your 360. So that little reference of yours holds no water in regards to VIA cards.
Just because I can take a TV set and bash it over your head, causing your death or severe brain damage, doesn't mean owning a TV set is illegal and considered a weapon unsuitable to the mass's.
Why? because that product was ORIGINALLY created to watch Television on. Not commit a crime.
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QUOTE(Gash @ Oct 25 2007, 06:18 PM)

I agree with what you're saying. So how would we determine the primarily designed purpose? Would the creators of the chip have to say "designed to allow customers to play legal backed up copies of games?" And if so, would that hold up in court? Even if it doesn't, I still believe the consumer has to be the one to point the finger at, not the developer/distributor. Hell, even if you install the mod chip in the Xbox and then sell it (like you could easily do on eBay or Craigslist) you're not telling your customers to use it to play illegally obtained games on it, you're just giving them a gaming console with a device that has a predetermined purpose, to play backed up games. It's up to the consumer to go out and search for games to download, just like it's up to them to stay legal and only play backed up games that they own.
In regards to premods, here is something that can be argued (found this on google answers):
"In many countries it is necessary for manufacturers to place recognised standards compliance marking on products. Any company or individual that modifies such products is at risk of severe penalties in law, especially if the product no longer complies with mandatory standards and causes a problem such as an electrical shock or catches fire. Regarding EMC (electromagnetic compatability), modifications may cause
a product to produce excessive levels of interference that may disrupt vital communications or cause nearby equipment to malfunction or interfere with TV reception."
Personally, I've never found this to be the case with ANY type of mod. But there are reports of certain modchips and even TSOP flashing adding unecessary load to an Xbox which from what I read was hotly debated a few years ago. Aside from that, what about the standards compliance markings? I'm pretty sure no one selling a premod has thought about staying within those standards.
In regards to backups, read this:
http://www.copyright...2chap1.html#117
Now if you're providing a 'backup' service, don't even bother reading it cause you're already screwed. The thing is you don't ever hear about Joe Schmoe getting in trouble for backing up one of his games. In fact, I just fixed a guys drive who's Halo 3 got stuck in his 360 drive and the thing wouldn't close. The reason it fell in was because the disc had two cracks on the inner circle. So now, since his box can't read backups, he needs to go pay another $60 for a game that he ALREADY paid for. This shit really happens.
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If anyone deserves it, it's this guy. His idea of customer support was: if you complain, I'm going to disable your account and block your email address. i can't understand why he's still an official partner of so many modchip makers. I hope he gets a big fine and can't get back into business.
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QUOTE(clogicgmather @ Oct 25 2007, 06:31 PM)

I second that, this guy gave truly awful service, just checkout the complaint thread in the bst section of xs forums to see quite how many people have been treated badly by him. There were so many reasons why this guy should have gone down, just a shame they didn't get him on a real crime.
Good Riddance.
I didn't realise there was a complaints thread, I thought I was alone when I had problems with him.
I'm only concerned about this because some of the decent people I have used may be next...
QUOTE(SNAAAKE @ Oct 26 2007, 12:54 AM)

thought it was somewhat "legal" in the UK and canada ?
A new law was past last year (or maybe the year before that... time flys now I'm old) which made modchips illegal in the UK, or something like that.
As far as I know Australia have it good, it is illegal to stop people having a means of backing up or something. I'm not too hot on the laws I just know that pre-modded consoles are hard to come by for the average joe over here in the UK.
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Fantastic news!
This guy is well known to be the class prick of the business.
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I've used this guy a tonne of times and the turn around time was always next day or the day after. He has always been a little bit expensive for my liking but the fact that mrmodchips is the only UK site that is game enough to blatantly disregard the law here made up for the excessive pricing.
At the end of the day if he was only offering the chips then fine but the Metro here states that they raided his home in Bristol where he lived in his parents basement. They confiscated 17 premodded consoles, 3700 chips and I'm sure he had illegal software, games and probably even ceased his bank account.
Anyway this guys deserves to be punished for being stupid. He obviously tried the ol' "my business is run in Thailand and this website is based outside the UK" however it doesn't take a genius to work out that this was an operation run in the UK.
I too offer a chipping service which I know is illegal however this is all i offer. I don't premod consoles, i don't sell games or modchips. The reason for this is not to be too greedy and hopefully the authorities wouldn't even think about small fish such as myself.
Anyway I'd feel bad if this guy did do time but that is the risk you take. Unfortunatley there will most likely be an example set with this guy.
I see his legal team is to appeal against the ruling but he does not have a leg to stand on givin the evidence.
Moral to the story... don't drop the soap!
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QUOTE(crisdo98 @ Oct 26 2007, 12:05 PM)

I've used this guy a tonne of times and the turn around time was always next day or the day after. He has always been a little bit expensive for my liking but the fact that mrmodchips is the only UK site that is game enough to blatantly disregard the law here made up for the excessive pricing.
At the end of the day if he was only offering the chips then fine but the Metro here states that they raided his home in Bristol where he lived in his parents basement. They confiscated 17 premodded consoles, 3700 chips and I'm sure he had illegal software, games and probably even ceased his bank account.
Anyway this guys deserves to be punished for being stupid. He obviously tried the ol' "my business is run in Thailand and this website is based outside the UK" however it doesn't take a genius to work out that this was an operation run in the UK.
I too offer a chipping service which I know is illegal however this is all i offer. I don't premod games, i don't sell chips. The reason for this is not to be too greedy and hopefully the authorities wouldn't even think about small fish such as myself.
Anyway I'd feel bad if this guy did do time but that is the risk you take. Unfortunatley there will most likely be an examply set with this guy.
Moral to the story... don't drop the soap!
No doubt an example will be made of him, it generally is over here when they start on the next big crackdown. As much as I dislike the guy I do have to agree that they should go after the real criminals first/aswell not just the sitting ducks.
P.S. There are other, better, suppliers over here in the UK. They just no longer premod. I expect you know of them anyway, MrModchips didn't have the monopoly (even if he would claim to blacklist someone who complained to him making them think maybe they wont be able to get anymore chips)
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One thing I think the media coverage of this case will do is highlight to the general public that it *is* possible to get around the copyprotection of most new consoles, something that they may not have know. My guess is that there will be an increase in people at least looking into the possiblity of flashing their 360 etc
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An Xecuter gives a 1.6 Xbox a flashable BIOS
1.0 - 1.5 Xboxes already have a flashable BIOS
Therefore an Xecuter gives a 1.6 Xbox the same capabilities as its predecessors. AND THAT'S ALL IT DOES.
An unchipped Xbox can be set up to play copies and/or boot Linux. A chipped Xbox can be set up to NOT play copies and/or NOT boot Linux.
This ruling's a load of bollocks, made by fuckwitted judges who know nothing about technology except what the lawyers spoonfeed them.
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I thought it was only me who had a run-in with him.
I purchased a X3 which was DOA, sent it back for exchange and he denied ever receiving it. He then blocked all PMs and told me to write by letter after I stated that I definitely sent it and wanted a refund.
I however would have liked to be at the trial to see what ignorance was being spouted by the prosecution....
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Not someone I will miss that is for sure from my run-ins with him over the last few years. Stopped buying from him a while ago now.
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Just placed an order for $90 on his site an hour ago. Found this thread about 10 min ago. No record of a purchase on his site, but a $90 purchase to MR MODCHIP on my bank statement. Guess i can kiss that money goodbye.